Allowed

Md. Shariful Islam v. the State of Assam

Gauhati HC19 Jul 2022Bail Appln./1343/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court granted bail to the accused petitioner, Md. Shariful Islam, linked to a case involving unauthorized cattle seizure. Finding that investigation progress did not warrant continued detention, the court ordered release on bail with surety.

What did the court decide?

Release on bail of Rs. 30,000 with one surety of like amount with surety bonded. Conditions of cooperation and non-interference imposed.

Md. Shariful Islam Vs the State of Assam — Municipal and Town Planning | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010111842022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./1343/2022

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MD. SHARIFUL ISLAM S/O LATE KHURSHID ALI R/O BOGAMUR, BARMABEEL P.S. SAMAGURI DIST. NAGAON, ASSAM, PIN-782140

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S C BISWAS

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 19.07.2022

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Heard Mr. SC Biswas, learned Counsel for the accused petitioner and Mr. BB Gogoi, learned Addl.Public Prosecutor for the State respondent.

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By this petition under Section 439 Cr.P.C., the petitioner, namely, Md. Shariful Islam has prayed for granting bail in connection with Bokakhat PS Case No.61/2022 under Sections 379/411 of the IPC r/w Section 13 (1) of the Assam Cattle Preservation Act r/w Section 11 (1) (d) of the Prevention of Cruelty of Animals Act.

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The case diary, as called for, is placed before the court.

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The FIR reveals the allegation that on 27.05.2022, the informant on receipt of a secret information along with his staff seized one TATA YODHA vehicle which carried 9 numbers of cattle unauthorizedly without any documents, one Realme Mobile and an amount of Rs.4550/-.

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It is noticed that the accused has been in judicial custody since 28.05.2022, that is , for 53 days.

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The case diary reveals prima facie sufficient incriminating material against the accused petitioner. The investigation has substantially progressed Therefore, this Court is of the opinion that in the backdrop of facts and evidence so far collected by the investigating officer and further the length of detention, further continuation of detention of the accused petitioner in the interest of investigation is not needed.

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Therefore, it is provided that the accused petitioner namely, Md. Shariful Islam shall be released on bail of Rs.30,000/- (Thirty Thousand) with one surety of like amount to the satisfaction of the learned SDJM (M), Bokakhat, Golaghat , subject to the following conditions-

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i) That the accused petitioner shall co-operate with the investigation as and when required;

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ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and

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iii) That the accused petitioner shall refrain from committing any similar offences of which he is suspect of commission.

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Return the case diary.

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The bail application stands disposed of.

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JUDGE

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Comparing Assistant

Md. Shariful Islam v. the State of Assam

Case brief

What is this about?

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Md. Shariful Islam v. the State of Assam

Case brief

What is this about?

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What the court decided

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